C/M Railway Higher Secondary ... vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 12144 ALL

Citation : 2023 Latest Caselaw 12144 ALL
Judgement Date : 20 April, 2023

Allahabad High Court

C/M Railway Higher Secondary ... vs State Of U.P. Thru. Prin. Secy. ... on 20 April, 2023

Bench: Karunesh Singh Pawar




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- WRIT - C No. - 3021 of 2023
 

 
Petitioner :- C/M Railway Higher Secondary School Thru. Manager Surendra Nath Pandey
 
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education U.P. Civil Secrett. Lko. And 4 Others
 
Counsel for Petitioner :- Shantanu Sharma,Anshuman Sharma,Athar Ali,Suresh Chandra Srivastava
 
Counsel for Respondent :- C.S.C.,Som Kartik Shukla
 

 
Hon'ble Karunesh Singh Pawar,J.

1. Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for opposite parties 1 to 4 as also Mr. Som Kartik Shukla, learned counsel for the caveator.

2. A preliminary objection has been raised by learned counsel for the caveator and learned Addl. Chief Standing Counsel that a writ of mandamus directing respondent No.2 to decide appeal dated 6.4.2023 has been sought, however, the petitioner has not given any representation. Therefore, no mandamus can be issued for the prayer sought in the petition.

3. A perusal of the record shows that an appeal has been filed by the petitioner before the respondent No.2 only on 6.4.2023 and hurriedly, the writ petition has been filed on 11.4.2023 just after five days. It seems that the petition has been filed presuming that the appellate authority will not discharge its statutory function, coupled with the fact that there is no resolution to file writ petition which may show that the petitioner Surendra Nath Pandey who is alleged to be Manager has been authorised by the committee of management to maintain such petition on its behalf.

4. In view of the above and keeping in view the judgment of Supreme Court in judgment dated 11.3.2022 of Apex Court passed in Special Leave Petition (CR(Crl.) Diary No(s). 30839/2021 M. Gopalakrishnan and others versus Pasumpon Muthuramalingam and another, this court does not feel it appropriate to entertain this petition as passing any order for expediting the appeal which has just been filed on 6.4.2023 will give undue priority on the other cases pending before the respondent No.2.

5. The petition is accordingly dismissed as not maintainable.

Order Date :- 20.4.2023

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